A G E N D A

BOARD OF SUPERVISORS

DEL NORTE COUNTY

STATE OF CALIFORNIA

981 H STREET, ROOM 100

 

CRESCENT CITY, CA  95531

 

 

REGULAR MEETING

Tuesday, January 11, 2011

    8:30 AM

The Board of Supervisors of the County of Del Norte and the governing body of all other special assessment and taxing districts, for which said Board so acts, is now meeting in regular session.  Only those items that indicate a specific time will be heard at the assigned time.  All other items may be taken out of sequence to accommodate the public and staff availability.  Items followed with a ** indicate material attached in the agenda packet.

A closed session may be held at some time during the meeting to discuss litigation and/or personnel matters.  There is a 90-day statute of limitations relating to decisions rendered after a public hearing of the Board of Supervisors and a 60-day statute of limitations relating to ministerial actions of the Board of Supervisors.  NOTE:  If you challenge the decision of the Board of Supervisors in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in the notice, or in written correspondence delivered to the Board of Supervisors at, or prior to, the public hearing.  (Govt. Code § 65009).  When providing written correspondence to the Board of Supervisors you must provide a copy to the Clerk of the Board for inclusion in the official record.

 

Present:     Leslie McNamer, Martha McClure, Michael Sullivan, Gerry Hemmingsen and David Finigan

                  

Absent:       None

CLOSED SESSION 8:30 A.M.

Public Comment on Closed Session items only.

 

Hold a closed session to consider and discuss litigation and personnel matters: I) Personnel negotiations pursuant to Government Code 54957.6 between County negotiator the County Administrative Officer and the Del Norte County Employees' Association, Sheriffs Employees' Association, represented and unrepresented bargaining units.  II) Conference with legal counsel – A) Existing litigation pursuant to Government code 54956.9(a), Parnell v. Del Norte County et. al., U.S. Dist Ct, N Cal., #C09-04074NJV, Otremba v DNC Del Norte Superior Ct., # CVUJ-10-1258, Wilson v. DNC, Cal. 1st App Dist # A127847, Hanover vs. DNC Road Dept, Del Norte Superior Ct., # CVCV 08-2300 , Danis v. DNC, U.S. Dist Ct, N Cal., # CV095924CRB, DNC v. U.S. Forest Srv, U.S. Dist Ct, N Cal., # CV10-2047JSW, Coyle v. DNC, Del Norte Ct # CVPM07-1572, Dickson v. DNC, Del Norte Ct # CVUJ08-1485, Elsebusch v. DNC, Del Norte Ct # CVCV06-2313, Stewart v. DNC, Del Norte Ct # CVUJ09-1001, Whetstine v. DNC, Del Norte Ct # CVUJ-10-1199, Wigley v. DNC, Del Norte Ct # CVPI06-1401, B) Anticipated litigation: 1) significant exposure to litigation pursuant to Govt’ Code 54956.9(b) - two cases; 2) Initiation of litigation Conference with Legal Counsel pursuant to Govt’ Code 54956.9(c) - 1 case.  Public Employee Assistant District Attorney DISCIPLINE/DISMISSAL/RELEASE (1) ( GC 54954.5 AND 54957). Pursuant to Gov’t Code 54997, conduct annual evaluation of the Director of Child Support Services and the Director of Community Development.

 

 

REGULAR SESSION 10:00 A.M.

10:00 A.M. Call the  meeting to order and take roll.

Action: Chair Hemmingsen called the meeting to order and the Clerk took silent roll noting that all were present.

·        The Pledge of Allegiance to the Flag led by County Administrative Officer, Jay Sarina.

Action: Jay Sarina, County Administrative Officer, led the Pledge of Allegiance.

·        Election of Chair and Vice-Chair

Action: Supervisor McClure nominated Supervisor McNamer as Chair.

No other motions were made.

On a motion by Supervisor McClure, the Board unanimously approved Supervisor McNamer to serve as Chair of the Board of Supervisors.

 

Supervisor Finigan nominated Supervisor Sullivan as Vice-Chair.

Supervisor Sullivan nominated Supervisor Hemmingsen as Vice-Chair.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    None

 

Vote Yea:       4              Michael Sullivan, Leslie McNamer, Martha McClure, Gerry Hemmingsen         

Vote Nay:       1              David Finigan

Vote Abstain: 0              None

·        Introduction of new employees to the Board of Supervisors.

Action: No new employees were introduced.

·        Report of any actions from closed session by County Counsel.

Action: No actions were reported from Closed Session.

·        The Chair requests any deletions, corrections or additions from Board members to the agenda at this time.  In order to add an item to the agenda, the matter must have come to the attention of the County subsequent to the posting of the agenda and the matter requires action before the next regular meeting of the Board of Supervisors.

 

Action: On a motion by Supervisor Sullivan and seconded by Supervisor Finigan, the following two (2) items were added to the agenda as urgency items that arose subsequent to the posting of the agenda:

(1) Approve and authorize the Chair to sign an agreement with Del Norte County and Frontier Communications Northwest Inc. for Services as requested by the Director of Information Technology. and (2) Grant approval for sale by the Tax Collector of Tax-Defaulted Property Subject to the Power of Sale by Sealed Bid.

 

Motion: Move to Approve

Move:    Michael Sullivan

Second: David Finigan

 

AYES:         5    Gerry Hemmingsen, Martha McClure, Michael  Sullivan, David     Finigan, Leslie McNamer

Urgency Item #1: Approve and authorize the Chair to sign an agreement with Del Norte County and Frontier Communications Northwest Inc. for Services as requested by the Director of Information Technology.

On a motion by Supervisor Sullivan and seconded by Supervisor McClure, the Board authorized the Chair to sign the Agreement between Del Norte County and Frontier Communications Northwest Inc.

 

Motion:  Move to Approve

Move:     Michael Sullivan

Second:  Martha McClure

 

AYES:   5    Gerry Hemmingsen, Martha McClure, Michael  Sullivan, David

                  Finigan, Leslie McNamer               

Urgency Item #2 : Grant approval for sale by the Tax Collector of Tax-Defaulted Property Subject to the Power of Sale by Sealed Bid as requested by the Treasurer-Tax Collector.

Supervisor Hemmingsen asked that APN #'s 105-30-45 A,B, C and APN #'s beginning with 107 and 108 be excluded.

On a motion by Supervisor Hemmingsen and seconded by Supervisor Sullivan, the Board granted approval for sale by the Tax Collector of Tax-Defaulted Property Subject to the Power of Sale by Public Auction with the exception of the following properties:

APN 105-30-45 A, 105-30-45 B, and 105-30-45 C.

APN 107-032-07, 107-034-09, 107-041-07, 107-051-21, 107-071-12, 107-071-26, 107-081-15, 107-111-05, 107-122-12, 107-141-19, 107-201-11, 107-233-12, and 107-243-11.

APN 108-022-10, 108-031-24, 108-063-08, 108-072-07, 108-081-09, 108-130-09, 108-141-20, 108-142-14, 108-161-25, 108-220-25, 108-221-11, 108-250-10, 108-251-11, 108-270-08, 108-270-09, 108-291-09, 108-292-18, and 108-312-04.

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Michael Sullivan

 

Vote Yea:       5              Gerry Hemmingsen, Michael Sullivan, Leslie McNamer, Martha McClure, David Finigan         

 

SCHEDULED ITEMS:

1.     10:20 A.M.COMMENT PERIOD:  Members of the public may address the Board on matters which are within the jurisdiction of the Board.  If you are addressing the Board regarding a matter listed on the agenda, you may be asked to hold your comments until the Board takes up that matter.  Please limit your comments to three minutes or less.   

Action: No Public Comment was given.

2.     Receive other brief reports or announcements relative to County of Del Norte programs and projects, progress of the two by two committees, goal committees and/or Board and staff travel/training reports.  The Board may ask questions for clarification; make a referral to staff to take action to have a matter or business placed on a future agenda pursuant to Government Code 54954.2(a).   

Action: Supervisor Sullivan reported on attending Action Summary, attending a meeting with Jay Sarina, County Administrative Officer, and Neal Lopez, Assistant County Administrative Officer, regarding the Solid Waste Ad-Hoc Committee, attending a Tri-Agency Economic Development Authority meeting, attending his swearing in for County Supervisor, commented that he was a guest speaker at the Republican Women's Luncheon, commented that he had an opportunity to help out with coaching with the County's Youth Basketball program, and commented on an upcoming RAC meeting

Supervisor Hemmingsen reported on being sworn in as County Supervisor, meeting in County Counsel's office with Deputy County Counsel and Cecilia Burzycki, Paralegal II; meeting with Ian Trueblood, Deputy County Counsel, a property owner of Pacific Shores, and Kelly Smith, Attorney at Law regarding a possible settlement, participating in Agenda Review, attending a Border Coast Regional Airport Authority meeting, attending several meetings regarding the Trawl Rationalization program, meeting with Supervisor Finigan, Neal Lopez, Assistant County Administrative Officer, Jay Sarina, County Administrative Officer, and the Yurok Tribe, and wished everyone a Happy New Year.

Supervisor McClure reported on spending time with family during the holidays, reviewing revised RAC applications for the upcoming meeting tonight, attending the swearing in of the new District Attorney, commented that Judge Follet had sworn in the Democratic Central Committee for this year, attending a Democratic Assembly meeting in Humboldt County, commented on an upcoming Executive Senior Board meeting, commented that she has been in contact with representatives from the Resource Legacy Foundation regarding Battery Point Lighthouse, and commented that she had recently toured Pacific Shores.

Supervisor Finigan reported on attending a Tri-Agency meeting, traveling to Sacramento and commented that the following meetings were held there:  attending a meeting at the CSAC Executive Offices where Governor Brown was speaking regarding the Budget, meeting with Assemblyman Silva, meeting with Senator Steinberg regarding outcome based services, meeting with Senator Dutton, meeting with Assembly Republican Chair Connie Conway, and meeting with Assemblymember Gordon. He also reported on attending a City, County, Schools, Coalition meeting and meeting with Supervisor Hemmingsen, Jay Sarina, County Administrative Officer, Neal Lopez, Assistant County Administrative Officer, and representatives from the Yurok Tribe regarding proposed land acquisition.

Supervisor McNamer expressed her appreciation to Supervisor Finigan for his work in Sacramento, reported on attending the swearing in for the new elected officials as well as attending the swearing in ceremony for the new District Attorney, Jon Alexander, and attending agenda review for the Solid Waste Management Authority.

3.     10:30 A.M. Receive a presentation from James D. Goltz Ph.D. Earthquake and Tsunami Program Manager for California Emergency Management Agency, and approve and support Del Norte County's participation in the Live Code Tsunami Activation Test March 23, 2011.**   Document

Action: James Goltz Ph.D. Earthquake and Tsunami Program Manager for CAL-EMA, gave a presentation on the Live Code Tsunami Activation Test.

On a motion by Supervisor Sullivan and seconded by Supervisor Finigan, the Board approved and supported the County's participation in the Live Code Tsunami Activation Test for March 23, 2011.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    David Finigan

 

Vote Yea:       5              Michael Sullivan, David Finigan, Leslie McNamer, Martha McClure, Gerry Hemmingsen

Vote Nay:       0              None

Vote Abstain: 0              None

4.     10:45 A.M. Presentation by the Yurok Tribe regarding information on the ongoing effort by the Tribe to get land legislation passed by the Congress.   Document

Action: Troy Fletcher, Policy Analyst for the Yurok Tribe, gave a presentation regarding draft legislation along with maps that outline the various lands that the Yurok Tribe is working to acquire.

Public Comment was given by Eileen Cooper and Mark Warner.

CONSENT AGENDA

Comments from members of the public may be heard at this time regarding matters on the Consent Agenda only.

Action: On a motion by Superivsor Finigan and seconded by Supervisor Sullivan, the Board approved the Consent Agenda, (Items 5 through 13).

 

Motion:    Move to approve

Move:       David Finigan

Second:    Michael Sullivan

 

Vote Yea:       5              David Finigan, Michael Sullivan, Leslie McNamer, Martha McClure, Gerry Hemmingsen

Vote Nay:       0              None

Vote Abstain: 0              None

5.     Approve the Minutes from the December 14, 2010 Board of Supervisors' Meeting.**   Document

Action: Approved

6.     Approve the Minutes from the December 28, 2010 Board of Supervisors' Meeting.**   Document

Action: Approved

7.     Approve a Resolution of the Del Norte County Board of Supervisors  OBSERVING SOROPTIMIST INTERNATIONAL OF CRESCENT CITY STOP TRAFFICKING AWARENESS CAMPAIGN IN THE MONTH OF JANUARY   Document

Action: Approved (DNCO Resolution 2011-001)

8.     Approve a Resolution of the Board of Supervisors Authorizing the Chair to Sign the Memorandum of Mutual Understandings for the North Coast Integrated Regional Water Management Plan.**   Document

Action: Approved (DNCO Resolution 2011-002)

9.     Approve the Second Amendment to the Del Norte County Agreement No. 2007-197 between the County of Del Norte and the California Coastal Conservancy to extend the term of the Agreement as well as the completion date, and authorize the Chairman of the Board to sign it as requested by the Deputy Director of Engineering and Roads.**   Document

Action: Approved (DNCO Agreement 2011-002)

10. Approve the Re-Appointments of Tina McClendon and Robert N. Black and the Appointment of Ian W. Trueblood to the Del Norte County Law Library Board as requested by the County Administrative Officer.**   Document

Action: Approved

11. Approve and designate the two (2) Deputy Director positions as Technical Advisory Committee members and the County Planner and the Assistant Engineer as Alternate Committee members to the Del Norte Local Transportation Commission as requested by the Deputy Director of Engineering and Roads.**   Document

Action: Approved

12. Approve and authorize the Chair to sign the Memorandum of Understanding between Del Norte Superior Court and Del Norte County Sheriff's Department for Court Security Services.   Document

Action: Approved (DNCO Agreement 2011-003)

13. Approve the attached Certification Statement Regarding the Composition of the Local Planning Council for Child Care & Development (LPC) Membership as requested by the Coordinator of the Local Planning Council for Child Care & Development.**   Document

Action: Approved

REGULAR ITEMS

GENERAL GOVERNMENT:

14. Consider the nomination of Robert Drossel as submitted by the remaining Public Defenders as a replacement attorney for Jon Alexander; and 1) Accept or reject the proposed replacement attorney by a majority vote of the Board of Supervisors; and if accepted, 2) Approve the Reassignment of Duties (attached) replacing Jon Alexander with Robert Drossel as requested by the County Administrative Officer.**   Document

Action: On a motion by Supervisor Finigan and seconded by Supervisor Sullivan, the Board accepted the proposed replacement attorney by a majority vote of the Board of Supervisors and approved the Reassignment of Duties replacing Jon Alexander with Robert Drossel. (DNCO Agreement 2011-004)

 

Motion:    Move to approve

Move:       David Finigan

Second:    Michael Sullivan

 

Vote Yea:       5              David Finigan, Michael Sullivan, Leslie McNamer, Martha McClure, Gerry Hemmingsen

Vote Nay:       0              None

Vote Abstain: 0              None

BUDGET TRANSFERS:

Action: On a motion by Supervisor Sullivan and seconded by Supervisor Hemmingsen, the Board approved Budget Transfers (01-01) and (01-02).

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Gerry Hemmingsen

 

Vote Yea:       5              Michael Sullivan, Gerry Hemmingsen, Leslie McNamer, Martha McClure, David Finigan         

Vote Nay:       0              None

Vote Abstain: 0              None

15. Approve a Budget Transfer (01-01) in the amount of $22,078.00 within the Hospital Preparedness Budget as requested by the County Administrative Officer.**   Document

Action: Approved

16. Approve a Budget Transfer (01-02) in the amount of $10,700.00 within the Civil Unit of the Sheriff's Department as requested by the Sheriff-Coroner.**   Document

Action: Approved

LEGISLATIVE AND BUDGET ISSUES:

17. Consider miscellaneous legislative and budget matters pertinent to the County of Del Norte.  Authorize the Chair to sign and send appropriate letters with respect to matters pending before the state or federal governments.   

Action: Jay Sarina, County Administrative Officer, commented the on proposed budget and mentioned that the critical aspect is the June vote. He stated that some of the larger issues were regarding Social Services, Law Enforcement, and Redevelopment Agencies.

The Board agreed to bring this discussion back at a later meeting.

CAPITAL PROJECTS:

18. Verbal Update. Information Only.   

Action: Jay Sarina, County Administrative Officer, gavie a verbal update on Capital Projects

ADJOURNMENT

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  January 14, 2011

 

 

THE AGENDA AND ACTION SUMMARY ARE AVAILABLE ON THE COUNTY WEBSITE: www.co.del-norte.ca.us